UAE Law and Practice Contributed by: Yann Mrazek, Kath Zagatti, Hermione Harrison and Keerthi Voodimudi, M/HQ Corporate Services Ltd
No 41 of 2024 on Personal Status. In the absence of a valid will, an estate is distributed in accordance with prescribed heirship rules that allocate fixed shares to specified categories of heirs. These rules limit the extent to which testamentary dispositions may over- ride statutory inheritance outcomes, as a Muslim may generally dispose of only up to one-third of the estate by will, with the remaining balance passing to statu- tory heirs in accordance with prescribed inheritance shares, unless the heirs consent otherwise. For non-Muslim individuals, a separate civil frame- work applies pursuant to Federal Decree-Law No 41 of 2022 on Civil Personal Status, as amended. Where a non-Muslim dies intestate, the distribution of the estate may be determined by reference to the law of the deceased’s nationality, or, where applicable, pur- suant to the UAE’s civil personal status framework, subject to procedural application within the UAE courts. This framework allows for significantly greater flexibility than the Sharia-based regime. UAE-situs real estate introduces additional complex- ity. While foreign law may govern succession for non- Muslims in principle, UAE procedural law applies to probate and the transfer of immovable property locat- ed in the UAE. Where there is no clearly expressed and properly registered will governing the UAE-situs assets, UAE authorities may apply default succession rules to facilitate the transfer of such assets. To mitigate uncertainty, the UAE has established rec- ognised mechanisms for the registration of non-Mus- lim wills, including systems operating within the Dubai International Financial Centre (DIFC) and Abu Dhabi Global Market (ADGM), as well as registries adminis- tered by local judicial authorities. These mechanisms enhance certainty and reduce the risk of default intes- tacy rules being applied contrary to the deceased’s intentions. 3.2 Forced Heirship Forced heirship exists in the UAE, but its application is limited and depends on the religious status of the deceased. For Muslim individuals, forced heirship is a central fea- ture of succession law under Federal Decree-Law No
41 of 2024 on Personal Status. Mandatory inheritance shares apply to defined categories of heirs, including spouses and children, and these entitlements arise by operation of law. Testamentary freedom is corre- spondingly restricted, and forced heirship rights can- not generally be waived in advance by the testator; dispositions contrary to prescribed shares are inef- fective unless the heirs consent. For non-Muslim individuals, forced heirship, accord- ing to the Sharia principles, does not apply under the UAE civil personal status framework established by Federal Decree-Law No 41 of 2022 on Civil Personal Status, as amended. Non-Muslims are not subject to Sharia-based inheritance rules and generally ben- efit from freedom of testation. Family members do not have automatic rights to a portion of the estate that override testamentary intentions under UAE law. However, where the law of the deceased’s nationality is applied, any mandatory heirship provisions under that foreign law may remain relevant. Where no such foreign constraints apply, family rights are effectively waivable through the exercise of testamentary free- dom, provided that a valid and recognised will is in place. 4. Marital Property and Succession 4.1 Property Regimes During Life and Deathtime Rights and Protections The UAE does not recognise a community-of-prop- erty regime. As a general rule, each spouse retains separate ownership of assets, and property rights are determined by legal title and evidence of contribution rather than marital status alone. During lifetime, assets acquired during marriage belong to the spouse in whose name they are held, unless the other spouse can demonstrate financial contribution giving rise to a claim. Accordingly, a spouse may generally transfer property registered in their sole name without the other spouse’s consent, subject to ordinary legal limitations such as fraud or creditor protection. There is no automatic restriction on inter vivos transfers based solely on marital status.
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